At page 99 Jurisdiction of circuit court judges across divisions16 citing cases“all circuit court judges have the same jurisdiction within their respective circuits. . . . the internal operation of the court system and the assignment of judges to various divisions does not limit a particular judge's jurisdiction.”
- Vernece Hutchins v. Est. of Derrick W. Hutchins, New Life Ministries of Orlando Inc., Dennis Hutchins, Tangela Thomas, Abraham Enessi, Richard Jones, Rachel Bond, Malon Moye Moore, Keith Grayson, Gregory Atkinson, Katrina Springer Hutchins, 395 So. 3d 638 (Fla. 6th DCA 2024).published(The internal operation of the court system and the assignment of judges to various divisions does not limit a particular judge’s jurisdiction.)
- Fort v. Fort, 951 So. 2d 1020 (Fla. 1st DCA 2007).published“all circuit court judges have the same jurisdiction within their respective circuits. . . . the internal operation of the court system and the assignment of judges to various divisions does not limit a particular judge'…”
- Mark J. Chickering v. Kanwal Bawa, 360 So. 3d 424 (Fla. 4th DCA 2023).publishedFormer husband argues that, assuming the action was filed in the wrong division, the trial court erred by failing to transfer his case to the 2 family court instead of dismissing it.2 “All circuit court judges have the same jurisdiction wi…
- Krista Carlton v. Victor Carl Zanazzi, 266 So. 3d 243 (Fla. 2d DCA 2019).published"The internal operation of the court system and the assignment of judges to various divisions does not limit a particular judge's jurisdiction." Malave v. Malave, 178 So. 3d 51, 54-55 (Fla. 5th DCA 2015) (quoting In re Peterson, 364 So. 2d…
- Malave v. Malave, 178 So. 3d 51 (Fla. 5th DCA 2015).publishedIn re Peterson, 364 So.2d 98, 99 (Fla. 4th DOA 1978); accord Partridge, 790 So.2d at 2284-86.
- R.J., a Child v. State, 142 So. 3d 907 (Fla. 4th DCA 2014).publishedThe internal operation of the court system and the assignment of judges to various divisions does not limit a particular judge’s jurisdiction.” In the Interest of Peterson, 364 So.2d 98, 99 (Fla. 4th DCA 1978).
- Chanin v. Feigenheimer, 111 So. 3d 292 (Fla. 4th DCA 2013).publishedThe parties concede that, “[a]ll circuit court judges have the same jurisdiction within their respective circuits.” In Interest of Peterson, 364 So.2d 98, 99 (Fla. 4th DCA 1978).
- Baudanza v. Baudanza, 78 So. 3d 656 (Fla. 4th DCA 2012).publishedPeterson, 364 So.2d at 99 (emphasis added).
- Weaver v. Hotchkiss, 972 So. 2d 1060 (Fla. 2d DCA 2008).published"The internal operation of the court system and the assignment of judges to various divisions [do] not limit a particular judge's jurisdiction." In the Interest of Peterson, 364 So.2d 98, 99 (Fla. 4th DCA 1978).
- Garcia-Roque v. Roque-Velasco, 855 So. 2d 668 (Fla. 3d DCA 2003).publishedIn the Interest of Peterson, 364 So.2d 98, 99 (Fla. 4th DCA 1978), states that "[a]ll circuit court judges have the same jurisdiction within their respective circuits....
Show 6 more citing cases
- Partridge v. Partridge, 790 So. 2d 1280 (Fla. 4th DCA 2001).publishedThis court aptly noted in In the Interest of Peterson, 364 So.2d 98, 99 (Fla. 4th DCA 1978), that "[a]ll circuit court judges have the same jurisdiction within their respective circuits....
- H.K. ex rel. Colton v. Vocelle, 667 So. 2d 892 (Fla. 4th DCA 1996).publishedSince then, all circuit court judges have jurisdiction over matters involving juveniles, even though the circuit court may assign some of its judges to a separate “juvenile division.” In re: Peterson, 364 So.2d 98, 99 (Fla. 4th DCA 1978).
- Dep't Hrs v. B.J.M., 656 So. 2d 906 (Fla. 1995).publishedIn re Peterson, 364 So.2d 98, 99 (Fla. 4th DCA 1978).
- Willie v. State, 600 So. 2d 479 (Fla. 1st DCA 1992).publishedFor example, "[a] judge in the probate division or the juvenile division or the civil division or the criminal division has the authority and jurisdiction to hear cases involving *482 child custody or dependency." In the Interest of Peters…
- Renford v. Inch, No. 0:20-cv-60669 (S.D. Fla. June 7, 2022).See In Interest of Peterson, 364 So. 2d 98, 99 (Fla. 4th DCA 1978).
- Bookman v. Davidson, 136 So. 3d 1276 (Fla. 1st DCA 2014).publishedSee also Fort v. Fort, 951 So.2d 1020, 1022 (Fla. 1st DCA 2007) (citing Maugeri, and also citing In the Interest of Peterson, 364 So.2d 98, 99 (Fla. 4th DCA 1978), for the holding: “All circuit court judges have the same jurisdiction withi…
Other citing cases
- State v. Levine, 655 So. 2d 1258 (Fla. 3d DCA 1995).published
- Maugeri v. Plourde, 396 So. 2d 1215 (Fla. 3d DCA 1981).published
C. Lavon Ward, Fort Lauderdale, for appellant.
Robert L. Shevin, Atty. Gen., Tallahassee, and John C. Cecilian, Asst. Atty. Gen., West Palm Beach, for appellee.
DAUKSCH, Judge.
This opinion revisits the matter we had before us In re Adoption of Wendy Dee Peterson, 344 So.2d 638 (Fla. 4th DCA 1977). The grandparents mentioned in that[*99] opinion have now suggested the child is a dependent child within the meaning of Section 39.01, Florida Statutes (1977) and seek to have the juvenile division of the circuit court declare her to be such a dependent child. When the petition was brought before the judge of the juvenile division of the circuit court he granted a motion to dismiss the petition. The order did not state a reason but the motion was grounded upon lack of jurisdiction and res judicata. The motion, which was filed by the natural father, said because another circuit judge of the same circuit, Jose A. Gonzalez, Jr., had entered an order in regard to the custody of the child and retained jurisdiction of the matter that this circuit judge had no jurisdiction to hear and determine the matter of the child's dependency.
The circuit court has jurisdiction over all matters concerning the custody and welfare of children. All circuit court judges have the same jurisdiction within their respective circuits. A judge in the probate division or the juvenile division or the civil division or the criminal division has the authority and jurisdiction to hear cases involving child custody or dependency. The internal operation of the court system and the assignment of judges to various divisions does not limit a particular judge's jurisdiction. Therefore the judge was in error when he dismissed the petition for lack of jurisdiction.[1] See also, State ex rel. Hendricks v. Hunt, 70 So.2d 301 (Fla. 1954).
When Judge Gonzalez, on July 2, 1974, determined the proper custody of the child and retained jurisdiction to enter other orders for the welfare of the child he later found it necessary to change custody to the natural father on June 1, 1976 by way of Final Judgment. It is noted he did not retain jurisdiction to himself in that final judgment but, as stated earlier, the circuit court always has jurisdiction over the welfare and custody of children.
Because Judge Gonzalez is much more acquainted with the parties involved and because we are not here to try to control the inner workings and case management of the trial courts we deem it best and proper to reverse the order dismissing the petition and remand this matter to the trial court. However, hearing on the petition for dependency is stayed until a proper petition for change of custody is filed and heard.
REVERSED and REMANDED.
DOWNEY, C.J., and ANSTEAD, J., concur.